Was This Email Sittin’ and Collectin’ Dust In Your Draft Folder for a While, Erick?
LIT’s responds, denying the relief sought. p.s. Who you are gonna sue…corrected in Red.
DEC 9, 2022 | REPUBLISHED BY LIT: DEC 10, 2022
To whom it may concern (the Mark Burkes),
My name is Erick DeLaRue and I am the managing partner of my firm, The Law Office of Erick DeLaRue, PLLC.
I have recently been informed by multiple clients, and, now, multiple lost clients, that this website, Lawsintexas.com, has posted multiple defamatory articles about me regarding “bogus” lawsuits and other misrepresentation that have no factual basis, are not accurate, and are a blatant attempt to ruin my reputation and livelihood.
As an initial observation, I find the timing of your email to be relevant to my Plea in Abatement filing in Harris County District Court No. 234 less than 24 hours earlier, Thursday, December 8, 2022. In my filing, I argue no notice or cease and desist letter was presented before the malicious counterclaims and applications for injunctions were filed by HCA Houston Healthcare Kingwood’s counsel, Nicole Andrews and Madison Addicks of Serpe Andrews PLLC.
The website says things such as
“Rogue lawyer files another lawsuit without exhibits”
and
“Delarogue files bogus lawsuits that aren’t supported by affidavits”.
Throughout these articles I’m labeled as
“corrupt”.
There are multiple articles that claim
I am helping steal properties.
The website has article after article that are filled with false information including
that my reviews are not legitimate (which is completely false).
Everything just stated is false, unfounded, baseless, and or based on hearsay.
Compass Bank v. Barrera, No. 13-10-00529-CV, at *1 (Tex. App. Mar. 3, 2011)
(“The Barreras presented no evidence to support their request for temporary injunction other than their sworn petition, affidavit, and argument of counsel.
This is, in effect, no evidence, and the trial court therefore abused its discretion by granting the temporary injunction.
See Operation Rescue-Nat’l v. Planned Parenthood of Houston Se. Tex., 975 S.W.2d 546, 560 (Tex. 1998)
(“[A] trial court has no discretion to grant injunctive relief . . . without supporting evidence.”);
Alert Synteks, Inc. v. Jerry Spencer, L.P., 151 S.W.3d 246, 253 (Tex. App.-Tyler 2004, no pet.)
(“[I]t is an abuse of discretion for a trial court to issue a temporary injunction where no evidence that would support a temporary injunction was presented to the trial court.”). ”)
My firm represents homeowners who are trying to save their homes.
Everything my firm does is to help people stay in their homes during hard times.
Yes, petitions get repetitive, but that is because, as a lawyer in a very specific field, you see the same factual patterns again and again and again.
Repetition of facts does not make the lawsuit fraudulent.
My facts are supported
by declarations from my clients
which is completely legal.
And,
you do not need to attach exhibits
for a lawsuit to be legitimate.
(the website states that my suits are fraudulent because they do not contain exhibits).
See; Monroe v. Grider, 884 S.W.2d 811, 819 (Tex. App. 1994)
(“Rule 13 explicitly imposes the duty of reasonable inquiry into the facts supporting a pleading. A signature on a pleading certifies the signer has reasonably inquired into the facts and law supporting the document.”)
I am very successful at helping people stay in their homes.
Question; How many KEPT their homes?
By defaming me,
all you are doing is preventing good honest people from finding and obtaining good, fair, honest representation from my firm.
The people you generally represent, as proven on LIT are usually ex-felons, foreclosure scammers, and/or liars. Your filings have changed dramatically since we started highlighting your foreclosure cases on LIT.
These recent changes as to how you initially present foreclosure cases to the courts for a TRO or injunction are critical when reviewing the content of your email.
Erick, you may wish to reconsider your arguments prior to filing your defamation lawsuit by reviewing your case history – it’s a baseless argument.
We both know, you are being deceptive and filing frivolous lawsuits which have no merit. If LIT can research your clients and prove it from public records, you can as well.
In short, the “good people” that you “and your colleagues” represent become the victims of a ten buck title deed foreclosure scam and the lawsuits filed are actually by the fraudsters, as known by y’all. However, you and your colleagues knowingly and willingly file into the cases unlawfully impersonating the distressed homeowners, which at a minimum is perjury. It is a criminal act.
The Robert C. Vilt foreclosure case, Lindsey, is a good example, wherein Houston attorney James Cuellar backs up LIT’s newsworthy articles. Vilt’s response; add the known title deed scammer, Justina De Pasquale of Millenia Properties (aka Sandy Forsythe) as a party.
I look forward to deposing all of them and providing many witnesses and witness statements from distressed homeowners who write to LIT complainin’ of homes stolen by deception and fraud.
LIT’s a web publishing platform which provides articles based on “No Bull. Just the Truth.”
As such, I welcome any legal challenge to LIT’s slogan, including any alleged direct evidence refuting LIT’s general complaint on this website or related microsites. LIT avers there’s a criminal enterprise in Texas pertaining to foreclosures, and you and your colleagues have been unjustly enriched by these criminal and fraudulent schemes, endorsed by the judiciary.
Please remove any and all articles regarding me or my firm from your website.
Your website is ruining my reputation and livelihood.
I’ve already lost multiple clients.
I’d even be willing to speak to someone at this company to discuss these articles in detail to show you that it is inaccurate.
I’m asking you to do the right thing.
LIT is doin’ the right thing, highlighting Bandits, Rogues and Outlaws on a daily basis, including you, your law firm and your “colleagues”.
LIT is protecting vulnerable citizens and distressed homeowners from contracting with you – per your own admission – and is proof of the great work LIT is doin’, and will continue to do so.
I will be sending out
a cease and desist letter
this week,
followed shortly thereafter by a defamation lawsuit
if my name and my firm aren’t removed from your website immediately.
Thank you for your prompt attention to this matter,
Your request for removal is formally DENIED.
Is that prompt enough, Erick?
—
Erick DeLaRue
The Law Office of Erick DeLaRue, PLLC
2800 Post Oak Boulevard, Suite 4100
Houston, Texas 77056
Telephone: 713-899-6727
Email: erick.delarue@delaruelaw.com
The answer to your question is almost all of my clients keep their homes.
It’s clear from you sore that you have no clue about real estate.
The “$10 deed” is in almost every deed that’s filed into the he property records.
If you read, it says “and other consideration”, which is completely legal.
Furthermore, just because someone may have had legal issues in the past doesnt mean they don’t have a right to sue people.
But I appreciate the quick response.
I look forward to seeing you In court.
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